Dear Clerks,
The Wisconsin Elections Commission (“the Commission”) will issue guidance for clerks on three important legal developments ahead of the August 13, 2024 Primary. The Commission intends to schedule two meetings in July to review and issue guidance on these topics:
1. Attorney General Opinion on Constitutional Amendment. On June 25, 2024, the Attorney General issued an opinion interpreting the term “election official” in the context of the new constitutional amendment passed at the April 2024 election. The opinion asserted that the term “election official” should have the same definition as Wis. Stat. § 5.02(4e), and the phrase “task in the conduct of primaries, elections, or referendums” should be construed to apply to only those duties prescribed by statute regarding the conduct of elections.
2. Disability Rights of Wisconsin v. WEC. On June 25, 2024, the Dane County Circuit Court issued a temporary injunction requiring the WEC to facilitate the availability of electronically delivered (i.e. emailed) accessible absentee ballots for the November 2024 general election for absent electors who self-certify to having a print disability and who request from their municipal clerk an electronically delivered absentee ballot in lieu of mailing.
3. Priorities USA v. WEC. On July 5, 2024, the Wisconsin Supreme Court issued an opinion that held that drop boxes are a permissible method of absentee ballot return under state law. This decision overturned in part a previous decision from 2022, Teigen v. WEC, that had held that clerks could not use unstaffed drop boxes for the return of absentee ballots. Clerks are not required to use drop boxes, but the Priorities USA decision permits their use if a clerk so chooses.
If you have questions on these updates, please send them to @email so that the Commission may consider them as it reviews and issues its guidance.